RAMU (CHAND) Vs. STATE OF HARYANA

JUDGEMENT

(1.) Vide order dated 5/9.5.1997 Additional Sessions Judge, Gurgaon found both Chand and Ramu-accused guilty of the offences punishable under Sections 363/366 and 376(2)(g) of the Indian Penal Code in case FIR No. 311 dated 3.6.1995 registered under Sections 363/366 and 376 of the Indian Penal Code (Sessions case No. 42 of 4.11.1995/96) and he accordingly convicted and sentenced them as follows : <FRM>JUDGEMENT_187_LAWS(P&H)10_2001_1.html</FRM> The prosecution case in brief is that Smt. Radha widow of Bir Krishan (Balmiki) was residing in house No. 211/9, Subhash Nagar, Gurgaon. She has four daughters and one son. Her daughter Nitu was the eldest among the children. She was aged 14 years. Her daughter Nitu used to go to the house of S.K. Sharma for sweeping it. Chand-accused was putting up with his family in a house opposite to the house of Radha. About a week prior to 3.6.1995 his brother Manu had come to him from Rai Bereilly and was staying with him. Smt. Radha had seen Manu making gestures/overtures to Nitu several times. Smt. Radha complained to Chand several times regarding this untoward behaviour of Manu towards Nitu, so much so she requested him to send Manu back to Rai Bareilly. On 3.6.1995 at about 8.00 A.M. Nitu had gone to sweep the house of S.K. Sharma. It was usual for her to return at about 11.00 A.M. or 12.00 (noon). That day, however, she did not come back. Smt. Radha accordingly went to Dhobi Ghat and asked one Bahadur servant of Dr. S.K. Sharma at his house as to the whereabouts of Nitu. Bahadur told her that Nitu had left after sweeping the house at 10.00 A.M. Till evening Smt. Radha continued searching Nitu here and there. She waited for her but she did not turn up. Manu was also missing from the house of his brother Chand since morning. Smt. Radha reported the matter to the police at 7.00 P.M. on 3.6.1995 vide her statement Ex.PW11/A in which she laid her suspicion on Manu of enticing away her daughter Nitu and whisking her with him. On the statement of Smt. Radha Ex.PW11/A case was registered under Sections 363/366/376 of the Indian Penal Code at PS City, Gurgaon. On 4.6.1995 at about 12.30 night SI Bishambar Dyal of Police Station City, Gurgaon, met Krishan Lal PW at General Bus Stand, Gurgaon. Krishan Lal is Nitu's maternal uncle. He was taken along by SI Bishambar Dyal in search of Nitu. They went to Delhi. At Delhi they searched for her at various places including the Railway Station. At 4.00 P.M. they reached ISBT. Nitu was sitting on a bench at Bus Stand. She called Krishan Lal PW. Chand and Ramu-accused were also sitting beside her. At the sight of Police Party, both the accused slipped away. Nitu was recovered. In this behalf memo Ex.PW11/C was prepared. Her statement was recorded, statement of her maternal uncle Krishan Lal was also recorded. She was brought to Gurgaon, where she was medico-legally examined by Dr. Vandana Narula, Medical Officer, General Hospital, Gurgaon on 4.6.1995 at 11.30 P.M. On medical examination of Nitu, Dr. Vandna Narula did not find any mark of external injury anywhere over the body or the genitalia. There was congestion and bleeding points at 6 and 7 O'clock position at the introits, Tenderness ++. Introitus admitted two fingers with difficulty. Hymen appeared torn at lower part. Per vaginal finding cervis backwards and uterus was anterverted.

(2.) Dr. Vandna Narula handed over to the police sealed culture bottle with vaginal swab for forensic examination with two seals, sealed packet containing under-wear and salwar bearing five seals and sealed envolvepe bearing five seals containing copy of MLR, forwarding letter and specimen impression of seal.

(3.) Dr. Sanjay Narula, Medical Officer, General Hospital, Gurgaon, PW-5 conducted medical examination of accused Ramu son of Rameshwar on 5.7.1995 at 10.15 A.M. and found that there was nothing to suggest that he was not capable of sexual intercourse. Similarly, he performed medical examination of Chand-accused. He found that there was nothing to suggest that he was not capable of sexual intercourse. Dr. B.B. Aggarwal, Medical Officer, Civil Hospital, Gurgaon PW-4 performed radiological examination on Nitu d/o Bir Krishan. He found her radiological age as between 15 and 151/2 years.